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National Cable and Telecomm. Assn v. Brand X Internet Services

Docket No.: 04-277
Certiorari Granted: 12/3/2004
Argued: March 29, 2005
Decided: June 27, 2005
Consolidated with: 04-281

Topics:

Judicial Power, Judicial Review, Article I, Indians, Natural Resources, judicial review, stare decisis

PartyNames: National Cable & Telecommunications Association, et al. v. Brand X Internet Services, et al.
Petitioner: National Cable & Telecommunications Association, et al.
Respondent: Brand X Internet Services, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 345 F3d 1120
Supreme Court Docket

National Cable & Telecommunications Association, et al.
v.
Brand X Internet Services, et al.
545 U.S. 967 (2005)
Question Presented:

Whether, under the framework set out in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the FCC was entitled to decide that, for purposes of regulation under the Communications Act, cable operators offering so-called "cable modem service" (high-speed Internet access over cable television systems) provide only an "information service" and not a "telecommunications service."

Question:

Did the FCC lawfully interpret the Communications Act of 1934 by deciding that broadband cable companies did not provide a "telecommunications service?"

National Cable and Telecomm. Assn v. Brand X Internet Services
ORAL ARGUMENT

March 29, 2005

Holding: reversed and remanded
Vote: 6-3
Opinion By:
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